The full story...

The battle against GM continues in Perth outside the courts

ELEANOR HALL: Yesterday's landmark judgement in Perth's Supreme Court, in favour of a genetically modified farmer, that is to say a farmer involved in genetically modified (GM) crops, has not resolved the divisions between farmers using GM crops and their less high-tech colleagues.

Farmer Steve Marsh was trying to sue his neighbour for contaminating his organic canola crop with GM seeds that blew onto his farm in 2010.

He's failed, but the fight is raging, this time outside the court.

As Sarina Locke reports.

SARINA LOCKE: If these shoppers in Canberra this morning are anything to go by, GM foods are still facing a hard sell.

VOX POP: I think it's disgusting and we shouldn't have it. That's what's killing our bees, it's destroying our children, it's destroying our immune systems, the lot. I think when you start to genetically mess with anything, you're trying to play god and no I don't think it's good.

VOX POP 2: It's very worrying actually. I accept that people might want to have genetically modified food, but people should also have a choice to not have genetically modified food, particularly when we're not entirely sure what the results might be.

SARINA LOCKE: But GM farmers had a big win yesterday.

The Supreme Court in Perth threw out a bid by organic farmer Steve Marsh who was seeking damages from his neighbour and GM crop farmer Michael Baxter.

Steve Marsh, who grows organic oilseed canola for a premium market, was seeking $85,000 damages in lost earnings because his crop was contaminated by his neighbour's GM seeds.

Steve Marsh lost his organic certification, and his premium.

And the case has worried other organic farmers who worry about their futures amongst GM farming.

Farmers in all states, except Tasmania and South Australia can grow genetically modified canola.

The variety is resistant to a Monsanto registered herbicide glyphosate called Round-up. It allows farmers to tackle specific weeds, and protect their crop.

The judge in Steve Marsh's case ruled zero tolerance of GM in organics was unjustifiable.

But Ben Copeman from National Association for Sustainable Agriculture, says it is not responsible for harming Steve Marsh's business.

BEN COPEMAN: No not at all, Steve would totally agree with the decision we made as would 100 per cent of the organic industry. And the thing that you have to remember too is that the tolerance levels are not set by the Federal Government, in the National Standards for Organic and Biodynamic Produce and that is administered by the Department of Agriculture.

SARINA LOCKE: Alright but many countries, including the EU, have now changed their threshold tolerance for GM. Do you think Australia should?

BEN COPEMAN: No, I don't and the fact of the matter is that none of our trading partners will tolerate GM contamination in grain. The organic industry as a whole and a lot of conventional farmers who are not GM believers, the support from them has also justified the fact that I do not see that either the organic market nor the consumer wants to see a tolerance level for GM in organic food.

SARINA LOCKE: For conventional farmers the verdict in favour of GM is a relief.

Andrew Weidemann farms GM canola and wheat in Victoria's Wimmera, and is chair of Grain Producers of Australia.

ANDREW WEIDEMANN: A lot of people are just sitting on the fence in regards to the use of the technology and have been concerned about the activists lobby group's attitude towards modern agriculture, will feel they've been vindicated in terms of growing the crop.

SARINA LOCKE: Farmers say they need all the tools available to keep up with consumer demands. That includes using genetic modification for new salt and drought tolerant wheat, plus healthy varieties with omega 3, canola and gluten free wheat for coeliacs.